New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

Commercial Litigation and Arbitration

New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
Commercial Litigation and Arbitration

Complex Lit Blog

Disqualification — Movants Who Are Not Present or Former Clients Lack Standing to Seek Disqualification of Opposing Law Firm (Advocate-Witness Grounds)

Blacktail Mountain Ranch Co., LLC v. Jonas, 2015 U.S. App. LEXIS 13316 (9th Cir. July 30, 2015): Appellants Edwin Jonas (Jonas) and his company, Blacktail Mountain Ranch Co. (Blacktail Mountain) (collectively, [*2]  Plaintiffs), appeal from the district court's dismissal of their action against Jonas' former ...
Blacktail Mountain Ranch Co., LLC v. Jonas, 2015 U.S. App. LEXIS 13316 (9th Cir. July 30, 2015): Appellants Edwin Jonas (Jonas) and his company, Blacktail Mountain Ranch Co. (Blacktail Mountain) (collectively, [*2]  Plaintiffs), appeal from the district court's dismissal of…
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Judicial Notice of Internet Evidence — Amazon.com Website

Multi Time Machine, Inc. v. Amazon.com, Inc., 792 F.3d 1070 (9th Cir. 2015): We are called upon to determine whether the operation of a retailer's website infringes a trademark because of the manner in which it responds to a shopper's search request for the trademarked goods. What the website's response st ...
Multi Time Machine, Inc. v. Amazon.com, Inc., 792 F.3d 1070 (9th Cir. 2015): We are called upon to determine whether the operation of a retailer's website infringes a trademark because of the manner in which it responds to a shopper's …
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Inherent Power & § 1927 — Issuance of Overbroad Subpoena by Criminal Defense Counsel on Counsel for Co-Defendant Seeking Communications with Prosecutor Not Sanctionable — Recklessness-Plus Required for § 1927 Sanctions in 9th Circuit

United States v. Rico, 2015 U.S. App. LEXIS 13123 (9th Cir. July 28, 2015): *** (3) Rico finally claims that we should reverse because the [*7]  district court erred when it quashed a subpoena directed by his counsel to the counsel for a co-defendant. The subpoena sought materials and testimony with which to impeach th ...
United States v. Rico, 2015 U.S. App. LEXIS 13123 (9th Cir. July 28, 2015): *** (3) Rico finally claims that we should reverse because the [*7]  district court erred when it quashed a subpoena directed by his counsel to the …
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Text Messages: Offer of Gun to Defendant = Non-Hearsay Verbal Act; Picture Retrieved from Cell Sufficiently Authenticated by Fact It Showed Same Make and Model Offered to & Recovered from Him — Photo Is Not Hearsay

People v. Mota, 2015 Cal. App. Unpub. LEXIS 7216 (Cal. Ct. App. Oct. 8, 2015): Jose J. Mota and Karen Garcia were convicted of possession of a firearm after police observed Mota pass the gun to Garcia on a street in Los Angeles and recovered from Mota's cell phone a photograph of the gun. On appeal, Mota contends the photo ...
People v. Mota, 2015 Cal. App. Unpub. LEXIS 7216 (Cal. Ct. App. Oct. 8, 2015): Jose J. Mota and Karen Garcia were convicted of possession of a firearm after police observed Mota pass the gun to Garcia on a street …
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RICO — Associated-in-Fact Enterprise — Linchpin Is Ongoing Nature of Association — No Purpose Needed Other Than Committing Racketeering Activity

Allstate Ins. Co. v. Plambeck, 2015 U.S. App. LEXIS 16571 (5th Cir. Sept. 17, 2015): Allstate Insurance Company ("Allstate") sued a consortium of telemarketing companies, chiropractic clinics, and affiliated law offices spanning several states, contending that they had violated the Racketeer Influenced and Corrupt Organizati ...
Allstate Ins. Co. v. Plambeck, 2015 U.S. App. LEXIS 16571 (5th Cir. Sept. 17, 2015): Allstate Insurance Company ("Allstate") sued a consortium of telemarketing companies, chiropractic clinics, and affiliated law offices spanning several states, contending that they had violated the…
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Rule 37(c) Sanctions — Failure to Timely Amend Contention Interrogatory Can Bar Theory of Liability — Factors Guiding Discovery Sanctions (2d Circuit) — Dismissal for 26(e) Failure to Supplement as Abuse of Discretion

TNS Media Research, LLC v. Tivo Research & Analytics, Inc., 2015 U.S. App. LEXIS 16517 (Fed. Cir. Sept. 16, 2015): Tivo Research and Analytics, Inc. dba TRA, Inc. ("TRA") appeals a judgment of the district court granting summary judgment in favor of TNS Media Research, LLC dba Kantar Media Audiences and Cavendish Square Hold ...
TNS Media Research, LLC v. Tivo Research & Analytics, Inc., 2015 U.S. App. LEXIS 16517 (Fed. Cir. Sept. 16, 2015): Tivo Research and Analytics, Inc. dba TRA, Inc. ("TRA") appeals a judgment of the district court granting summary judgment in…
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When Does Attorney-Client Privilege Attach to Advice for a Response to the Media? — Caselaw Split — Factors for Determining When Counsel for Adverse Party May Be Deposed (Shelton Approach)

Alomari v Ohio Dep’t of Public Safety, 2015 U.S. App. LEXIS 16237 (6th Cir. Sept. 9, 2015): Omar Alomari ("Plaintiff") filed suit against the Ohio Department of Public Safety ("ODPS"), ODPS Director Thomas Charles, former ODPS Director Thomas Stickrath, and former Ohio Homeland Security ("OHS") Director ...
Alomari v Ohio Dep’t of Public Safety, 2015 U.S. App. LEXIS 16237 (6th Cir. Sept. 9, 2015): Omar Alomari ("Plaintiff") filed suit against the Ohio Department of Public Safety ("ODPS"), ODPS Director Thomas Charles, former ODPS Director Thomas Stickrath, and…
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Rule 26(a)(1) Disclosure Violation — Exclusion Is the Usual Remedy, But There Are Many Alternatives — Honest Mistake as Defense to Sanctions — 6th Circuit Adopts 4th Circuit’s 5-Factor Test for Substantial Justification / Harmless Error

Howe v. City of Akron, 2015 U.S. App. LEXIS 16529 (6th Cir. Sept. 17, 2015): In 2004, Defendant-Appellant City of Akron administered promotional examinations for firefighters for the ranks of Lieutenant and Captain. The Plaintiffs-Appellees [*2]  are Akron firefighters who took the examinations, but were not promoted. They filed this ...
Howe v. City of Akron, 2015 U.S. App. LEXIS 16529 (6th Cir. Sept. 17, 2015): In 2004, Defendant-Appellant City of Akron administered promotional examinations for firefighters for the ranks of Lieutenant and Captain. The Plaintiffs-Appellees [*2]  are Akron firefighters who…
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Hearsay — Emails from Military Personnel to NTSB at NTSB’s Formal Request, Verified as True by Declarations That Subject Authors to Court Martial in Addition to Normal Perjury Penalties, Satisfy Residual Exception (Rule 807)

Brokaw v. Boeing Co., 2015 U.S. Dist. LEXIS 137074 (N.D. Ill. Oct. 5, 2015): The plaintiffs in these five consolidated cases--Elizabeth Brokaw, as personal representative of the estate of Jamie L. Brokaw, William Thompson, as personal representative of the estate of Jeremy P. Lipka, Rajnit Virdi, as personal representative of the esta ...
Brokaw v. Boeing Co., 2015 U.S. Dist. LEXIS 137074 (N.D. Ill. Oct. 5, 2015): The plaintiffs in these five consolidated cases–Elizabeth Brokaw, as personal representative of the estate of Jamie L. Brokaw, William Thompson, as personal representative of the estate…
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Rule 11 and § 1927 Sanctions Predicated on Factual Findings Concerning Foreign Corporate Transactions That Are Contradicted by Foreign Court Determinations Reversed — Arguments Thus Validated Are Not Entirely Groundless

Philos Techs., Inc. v. Philos & D, Inc., 2015 U.S. App. LEXIS 16812 (7th Cir. Sept. 22, 2015): This lawsuit involves a complicated transaction-or set of transactions-among several related companies, most of which are based in the Republic of Korea. At its core, the lawsuit alleges that the defendants, Kore-an company Philos & D, Inc. ...
Philos Techs., Inc. v. Philos & D, Inc., 2015 U.S. App. LEXIS 16812 (7th Cir. Sept. 22, 2015): This lawsuit involves a complicated transaction-or set of transactions-among several related companies, most of which are based in the Republic of Korea.…
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Recent Posts

RICO: Indirect Injury Unrecoverable — Indirect Purchaser Rule Imported from Antitrust

Rule 11 Sanctions: (1) Improper Purpose of Harassment Reasonably Determined Based on Past Tactics (25 Lawsuits, 14 Ethics Complaints, and 150 FOIA Requests) As Well As Present Behavior — (2) Hearings Are Not Only Not Required to Satisfy Due Process But, If The Record Is Otherwise Adequate, Are Affirmatively Discouraged

RICO and Probate Exception to Federal Jurisdiction: Federal Jurisdiction over RICO Claim Not Barred by Probate Exception Even If the Federal Judgment May Be Binding on the Probate Proceedings (Or Vice Versa) — Calculating Damages Based on Diminution of Value of Estate ≠ Administration of the Estate — Doesn’t Matter If RICO Misconduct Includes Defendants’ Actions with Respect to The Estate

RICO: No Causation Where Harm Flowed Several Steps After the Fraudulent Acts — RICO Causation Same As Antitrust Causation

Sanctions vs. Automatic Stay: Imposition of Sanctions (Here, Inherent Power Sanctions) Is Subject to the Police Power Exception to the Automatic Stay in Bankruptcy

The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

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New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

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